Mak (sale) 24 July 2015

Need help on understanding application for divorce by mutual

I have question on process of filling petetion for Divoce by mutual consent.

We are seperated more than 2.5 years & she is applying for divorce on mutual consent in india.

I am in Canada.

Does she can apply for divorce by mutual concent petetion/application in family court in india with out my presence ?

Does my presence or signature is must for starting process of petetion ?

As per my information she already applied or going to submit application for mutual consent divroce.

So far i have not got any notice yet from court.

Please help me in understanding this step.

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6 Replies

jai krishna (Managing Director) 24 July 2015

Mr Mak she alone cant file the petition for Mutual divorce as the petition for mutual divorce should be signed by both the parties. May be she is filing petition for divorce.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 24 July 2015

Sir,

She will file the mutual consent and you or someone having the valid POA need to be there to give statement on your behalf or your lawyer could do the same.

Warm Regards

Kapil Chandna Advocate

9899011450

Mak (sale) 25 July 2015

Thank you for reply Mr. Kapil & Jai.

I am not yet sure on what ground she will file or prepared papers. But it is for sure they she does not want any alimony as we both party want to get divorce done on smooth ways.

I want to know what is 23 rule 3 foe memorandum ?

SAINATH DEVALLA (LEGAL CONSULTANT) 25 July 2015

Repeated query dear friend Mak.

Mak (sale) 26 July 2015

Well I do not have intention to repeate my problem but i truely need to understand presence of mine to start process of divorce on mutul basis.

" If i give POA to my father , can he sign on application/affidavit to start process on mutual basis "?

As i am in canada, there is no POA as of now given to my father. I need to know does POA need to be prepared from canada & sign by me & send to my father ? or My father can take help from any advocate in india to crate POA & send me for my signature & send it back to start process.

I hope my problem & question is clear for all respected members to answer.

Help me on it

T. Kalaiselvan, Advocate (Advocate) 31 July 2015

She cannot file a mutual consent divorce on her own without your signature and presence before court.

You can authorise your father to sign the papers on your behalf for the mutual consent divorce by authorising him through POA that should be executed in Canada and duly notarised or attested at Canada.

Any deviation in the above will render the same invalid.